http://www.mndivorcecustody.com/blog Information on Divorce and Custody law in Minnesota en-us March 15, 2013 http://www.mnprobateestate.com/feed.xml http://www.mndivorcecustody.com/articles/modifying-parenting-time-minnesota When parties go through a divorce with minor children, the court generally sets out a specific parenting time schedule that governs each parent's time with the children.  Later, it's common for one party to want to change the parenting time schedule for any number of circumstances.  Per... March 15, 2013 http://www.mndivorcecustody.com/articles/modifying-parenting-time-minnesota http://www.mndivorcecustody.com/articles/divorce-preparation-list The decision to get divorced isn't usually made lightly.  However, once you've made the decision to get divorced, there are certain things you can do to better prepare and protect yourself in the divorce process.  Please note that these are just a few preparations you can make, and ever... February 19, 2013 http://www.mndivorcecustody.com/articles/divorce-preparation-list http://www.mndivorcecustody.com/articles/prenuptial-agreement-minnesota Once stigmatized (perhaps unfairly) as a bad omen to a marriage, prenuptial agreements (ante-nuptial or premarital agreement) are increasingly popular methods of family and estate planning.  They are a useful tool that can serve several important purposes.  Minnesota law provides f... January 8, 2013 http://www.mndivorcecustody.com/articles/prenuptial-agreement-minnesota http://www.mndivorcecustody.com/articles/quit-job-child-support-mn A common question is whether someone is allowed to quit their job or switch to a lower paying job, and thus lower their child support obligation.  Generally, a person is not allowed to take such action.  Child support modifications are governed by Minn. Stat. 518A.39.  The statute ... December 8, 2012 http://www.mndivorcecustody.com/articles/quit-job-child-support-mn http://www.mndivorcecustody.com/articles/divorce-process-minnesota The following is the basic process of going through a divorce in Minnesota.  The process can take as little as a few weeks to as long as over a year - depending on the circumstances and the issues that are in dispute.  At each step of the process, there can be different circumstances an... September 26, 2012 http://www.mndivorcecustody.com/articles/divorce-process-minnesota http://www.mndivorcecustody.com/articles/pets-and-divorce People very often see their pets as part of their family - almost on the level of children.  For many divorcing couples, their pets are their "children."  While the law has very specific provisions related to children involved in a divorce, what happens to pets in a divorce when pe... September 20, 2012 http://www.mndivorcecustody.com/articles/pets-and-divorce http://www.mndivorcecustody.com/articles/denied-parenting-time-mn Whatever the reason for the dispute, being denied parenting time with your children is certainly a frustrating experience.  Often times, the dispute is between the parents and really doesn't concern the children - which is especially hard on a parent-child relationship.  So, what action... September 17, 2012 http://www.mndivorcecustody.com/articles/denied-parenting-time-mn http://www.mndivorcecustody.com/articles/changing-the-locks-divorce If you are going through a divorce and your spouse is staying elsewhere, you may wonder whether or not you can change the locks on the house.  The short answer is "yes," you can change the locks because you are an owner of the home.  However, doing so does not give you the legal right t... September 12, 2012 http://www.mndivorcecustody.com/articles/changing-the-locks-divorce http://www.mndivorcecustody.com/articles/quick-tip-read-your-legal-paperwork I often get calls from people who have received legal paperwork of some kind.  The paperwork ranges from divorce papers, child support motions from the county, parenting time motions, custody motions, spousal maintenance motions, etc.  Unfortunately, the person did not call an attorney ... September 7, 2012 http://www.mndivorcecustody.com/articles/quick-tip-read-your-legal-paperwork http://www.mndivorcecustody.com/articles/modifying-spousal-maintenance-minnesota Spousal Maintenance (Alimony) in Minnesota is initially determined by a court during a divorce proceeding using statutory factors set out in Minn. Stat. Section 518.552.  Once established, it can be very difficult to modify later on.  Note that parties are free to change spousal mainten... August 23, 2012 http://www.mndivorcecustody.com/articles/modifying-spousal-maintenance-minnesota http://www.mndivorcecustody.com/articles/helping-your-attorney There's a famous scene in the movie "Jerry Maguire" where Tom Cruise's character is pleading with Cuba Gooding Jr.'s character, saying, "Help me help you!"  While not as dramatic in the law (most of the time), this quote is very applicable to the attorney-client relationship.  In the fa... August 22, 2012 http://www.mndivorcecustody.com/articles/helping-your-attorney http://www.mndivorcecustody.com/articles/quick-tip-child-support-modification In Minnesota, child support obligations can only be retroactively modified from the date that a motion for child support modification is pending, i.e. from the date that service is made upon the other parties to the action.  Therefore, it is vital to seek modification of child support as soo... May 14, 2012 http://www.mndivorcecustody.com/articles/quick-tip-child-support-modification http://www.mndivorcecustody.com/articles/order-for-protection An Order for Protection (OFP) is a remedy under Minn. Stat. 518B for people who want to stop domestic abuse.  An OFP is a civil remedy brought in family court and can result in  no contact orders, temporary parenting time, temporary child support, temporary custody, exclusion from the h... April 28, 2012 http://www.mndivorcecustody.com/articles/order-for-protection http://www.mndivorcecustody.com/articles/grandparent-visitation-rights-mn Sometimes, a falling out between a parent and a grandparent can have negative consequences for the grandparent-grandchild relationship.  Parents may decide to not let the grandparents see the grandchildren.  Courts are reluctant to interfere with how parents raise their children.  ... February 16, 2012 http://www.mndivorcecustody.com/articles/grandparent-visitation-rights-mn http://www.mndivorcecustody.com/articles/dividing-property-in-divorce Upon proceeding through a divorce, people naturally must divide their property in some manner.  Minnesota law does not require that the property be divided 50/50.  Instead, Minnesota law requires that marital property must be divided "equitably" without regard to marital misconduct... February 4, 2012 http://www.mndivorcecustody.com/articles/dividing-property-in-divorce http://www.mndivorcecustody.com/articles/establishing-child-support The parents of minor children (under 18) have a duty to provide financial support for their children.  When people get divorced, legally separated, or have their marriage annulled, the court must enter a "just and proper" order for the payment of child support.  New child support laws b... January 6, 2012 http://www.mndivorcecustody.com/articles/establishing-child-support http://www.mndivorcecustody.com/articles/modifying-child-custody-minnesota Child custody in Minnesota is initially determined by a court using statutory factors to determine what is in the best interests of the minor child.  However, once custody of a child has been established, it can be very difficult to change later on.  Note that parents are usually free t... December 19, 2011 http://www.mndivorcecustody.com/articles/modifying-child-custody-minnesota http://www.mndivorcecustody.com/articles/moving-child-out-of-state Your child primarily resides with you Ex spouse/partner.  You've got parenting time with your child and you're communicating well with your Ex.  Everything is going fine until your Ex decides that they are planning on moving with the child to another state.  Maybe they are moving f... November 23, 2011 http://www.mndivorcecustody.com/articles/moving-child-out-of-state http://www.mndivorcecustody.com/articles/alimony-spousal-maintenance-minnesota Formerly known as alimony, "spousal maintenance" is an award of payments from the future income or earnings of one spouse for the support and maintenance of the other spouse.  Basically, a court may award alimony if it finds that one spouse cannot sufficiently provide for their reasonable ne... October 24, 2011 http://www.mndivorcecustody.com/articles/alimony-spousal-maintenance-minnesota http://www.mndivorcecustody.com/articles/divorce-and-estate-planning-minnesota During the emotional turmoil accompanying a divorce, one of the last things on your mind is estate planning.  However, it is advisable to review your entire estate plan during and after a divorce because the plan will almost certainly require some fine tuning and may no longer be desirable i... October 20, 2011 http://www.mndivorcecustody.com/articles/divorce-and-estate-planning-minnesota http://www.mndivorcecustody.com/articles/modifying-child-support-minnesota Parents have a duty to financially support their minor children.  Child support is more important than any other financial obligation in the eyes of the courts.  The court's primary concern in all family law cases is the welfare and best interests of any minor children involve... October 18, 2011 http://www.mndivorcecustody.com/articles/modifying-child-support-minnesota http://www.mndivorcecustody.com/articles/custody-parenting-time-unmarried-father It's common for people to have children while not married.  These parents are often able to cooperate without incident in raising their children.  However, if disputes arise, it is important to know that the Father in this situation has no legal rights to custody or parenting time witho... September 28, 2011 http://www.mndivorcecustody.com/articles/custody-parenting-time-unmarried-father http://www.mndivorcecustody.com/articles/minnesota-no-fault-divorce Minnesota is considered a "no-fault" divorce state.  This means that a divorce can be obtained without one spouse having to prove that there was some sort of marital misconduct or fault.  Instead of having to prove fault, the parties simply have to acknowledge that there has been an "ir... September 22, 2011 http://www.mndivorcecustody.com/articles/minnesota-no-fault-divorce http://www.mndivorcecustody.com/articles/best-interests-factors-minnesota-child-custody The court's ultimate concern in a custody dispute is to do what is best for the child.  It's the guiding principal behind all custody determinations.  In making an initial custody determination, the Court looks to the 13 "best interests" factors contained in Minn. Stat. Section 518.17, ... September 14, 2011 http://www.mndivorcecustody.com/articles/best-interests-factors-minnesota-child-custody http://www.mndivorcecustody.com/articles/importance-of-mediation-in-family-law Mediation is an increasingly important process in the law, but especially important in the realm of family law to resolve divorce and child custody disputes.  Mediation is a process in which the parties meet with a neutral third person in an attempt to come to an agreement and resolve disput... September 14, 2011 http://www.mndivorcecustody.com/articles/importance-of-mediation-in-family-law